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Ordinance 2010-40 j u;,. iU " " f "/j~~;.~I/' ;1 \.... ~ " ..,1'V,:/ """~r"7 /.J,,/ ;', ""-,,v'_.../ ~ .....'f":.:, ,,;;, ~ ;;-\.2,' -:t;;; .....-: AN ORDINANCE OF THE BOARD OF COUNTY <;0:'> ~ (" COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~t;.::. /" ~ AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, ~~> ~ -0 THE COLLIER COUNTY LAND DEVELOPMENT CODE (;..('<;\ '-::;:: WHICH INCLUDES THE COMPREHENSIVE ZONING 'c:,~;;. <b REGULATIONS FOR THE UNINCORPORATED AREA OF '%~ COLLIER COUNTY, FLORIDA, BY AMENDING THE v APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM COMMERCIAL (C-2) AND MOBILE HOME (MH) ZONING DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT, WITH REMOVAL OF THE RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY, TO BE KNOWN AS THE CORKSCREW COMMERCIAL CENTER CPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 """. 1 SQUARE FEET OF COMMERCIAL, RETAIL, OFFICE, ',. ,.~ "),~ CHURCH AND SCHOOL USES. THE PROPERTY IS'. q LOCATED AT THE NORTHWEST CORNER OF. 0';0 IMMOKALEE ROAD AND PLATT ROAD, IN SECTION 27,,-,,."') 1\0..-' TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLL{ER '-, COUNTY, FLORIDA CONSISTING OF 8 ACRES; AND BY ,u ;?) (, PROVIDING AN EFFECTIVE DATE. "), -l CJ ORDINANCE NO. 10- 40 -, c~.., (, I C) :: WHEREAS, Wayne Arnold of Q. Grady Minor and Associates, Inc. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 47 South, Range 27 East, Collier County, Florida, is changed from Commercial (C-2) and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands Overlay Corkscrew Commercial Center PUDZ-2008-AR-14048 Rev, 9/08/10 Page I of2 to a Commercial Planned Unit Development (CPUD) Zoning District, with removal of the Rural Fringe Mixed Use Neutral Lands Overlay, to be known as the Corkscrew Commercial Center CPUD in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 2(0 -th day of CtWk:::eV, 2010. ATTEST: 0 .C'" " DWIGHT,E>13ROC~;CLERK ~,..'o""",\ k-e~ ' ,'" , ", y' " .' :,,0 ,,' ,Deputy Clerk AUUt .. tee/tt Iril4n j ......tw-. ..a;;,~, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'f 1\ ;1 ~{~c Lv , (. C,r'~~~ FRED W. COYLE, Chairman By: Approved as to form and legal sufticiency: ~l.t(~ ,4. efe) Heidi Ashton-Cicko Assistant County Attorney Land Use Section Chief (f\C ~\q\\V Attachments: Exhibit A - Permitted Uscs Exhibit B - Dcvelopment Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E - List of Deviations Exhibit F - Developer Commitments Th::; t",:':n~~ce file,.~ W>"l-, "~e CP\08-CPS.OO~15\55 ::~'(~fO:, ~i ~J\Jov.(if~oTb .1.. i",\ ,f._. ..., '.... (,>:d {)ck,_nJ,::-:",i~d,"'t-~rnf''-''\'i: 'l.!, ,~)(:; I '.', "15' 'e;'~d ,I.," S-'"""j".. ," N v. a.o.tjj'. ,. >"',-~-, ,'-,'-' IL f'1 . .,- --Q,~ (~"1'C""'f ,'kl'"il:, Corkscrew Commercial Center PUDZ-2008-AR-14048 Rev. 9/08/10 Page 2 of2 EXHIBIT A CORKSCREW COMMERCIAL CENTER CPUD PERMITTED USES I. Permitted Uses The 8ic acre commercial project shall be developed with no more than 60,000 square feet of gross leasable floor area. No building or structure, or part thereof, shaH be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Accounting - Group 8721 2, Adjustment and collection services - Group 7322 3, Advertising agencies - Group 7311 4. Apparel and accessories store (up to 1,800 square feet) - Groups 5611, 5621, 5632,5641,5651,5661,5699 5. Architectural services - Group 8712 6. Auditing - Group 8721 7. Automobile parking, parking garages & structures - Group 7521 8. Banks, credit unions and trusts - Groups 6011, 6019, 6021, 6022, 6029, 6035, 6036,6061,6062,6081,6082,6091,6099 9. Barber shops (except barber schools) - Group 7241 10, Beauty shops (except beauty schools) - Group 7231 11. Bookkeeping services - Group 8721 12. Business consulting services - Group 8748 13. Business credit institutions - Groups 6153, 6159 14. Child day carc services - Group 8351 15. Churches - Group 8661 16. Civic, social and fraternal associations - Group 8641 17, Commercial art and graphic design - Group 7336 18. Commercial photography - Group 7335 19, Computcr and computer software stores (up to 1,800 square feet) - Group 5734 20. Computer programming - Groups 7371, 7372, 7373, 7374, 7375, 7376, 7377, 7378, 73 79 21. Credit rcporting services - Group 7323 22. Debt counseling only - Group 7299 23. Direct mail advertising services - Group 7331 24. Eating places - Group 5812 25, Education services - Groups 8211, 8221, 8222 26. Educational plants 27. Engineering services - Group 8711 September 9, 2010 Page 1 of9 BCCZ 28, Essential services, subject to LDC Section 2.01.03 29, Food stores, except supermarkets (up to 2,800 square feet) - Groups 5411, 5421, 5431,5441,5451,5461,5499 30, Funeral services (except crematories) - Group 7261 31. Garment pressing, and agents for laundries and drycleaners - Group 7212 32. Gasoline service station, subject to LDC Section 5,05.05 (allowed in Area I only, with a maximum of 5,000 square feet and 12 vehicle fueling positions) - Group 5541 33, General merchandise stores - Groups 5331,5399, 34. Group care facilities (category I & II, except homeless shelter), subject to LDC Section 5,05.04. 35. Hardware stores - Group 5251 36, Health services - Groups 8011, 8021, 8031, 8041, 8042, 8043, 8049 37, Home furniture, furnishings, equipment store - Groups 5713, 5714, 5719 38. Home health care services - Group 8082 39. Insurance agencies, brokers, carriers - Groups 6311, 6321, 6324, 6331, 6351, 6361,6371,6399,6411 40, Landscape architects, consulting & planning - Group 0781 41, Legal services - Group 8111 42, Libraries (except regional libraries) - Group 8231 43. Loan brokers - Group 6163 44. Management and public relations - Groups 8741, 8742 45. Mortgage bankers and loan correspondents - Group 6162 46, Musical instrument stores - Group 5736 47. Paint, glass, wallpaper stores - Group 5231 48. Personal credit institutions - Group 6141 49. Photocopying and duplicating services - Group 7334 50, Photofinishing laboratories, pick-up and drop-off establishments only - Group 7384 51. Photographic studios - Group 7221 52, Physical fitness facilities (physically integrated and operated in conjunction with another permitted use in this district) - Group 7991 53. Public relations services - Group 8743 54, Radio, television and consumer electronics store - Group 5731 55. Radio, television and publishers advertising representatives - Group 7313 56. Real estate - Groups 6531,6541, 6552 57. Record and prerecorded tape stores - Group 5735, excluding adult oriented sales and rentals 58. Religious organizations - Group 8661 59. Repair services - miscellaneous, cxcluding aircraft, business and office machines, large applianccs, and white goods such as refrigerators and washing machines - Groups 7629, 7631 60. Retail services - miscellaneous - Groups 5912, 5942, 5943, 5944, 5945, 5946, 5947,5948,5949,5961 61. Secretarial and court reporting services - Group 7338 September 9, 20 J 0 Page 2 01'9 BCCZ 62, Security and commodity brokers, dealers, exchanges services - Groups 6211, 6221,6231,6282,6289 63, Shoe repair shops or shoeshine parlors - Group 7251 64. Social services, individual and family - Group 8322 65, Surveying services - Group 8713 66, Tax return preparation services - Group 7291 67, Travel agents, and no other transportation services - Group 4724 68. United States postal service, excluding major distribution center - Group 4311 69. Veterinary services - Group 0742, Excludes outdoor kenneling 70, Videotape rental - Group 7841, excluding adult oriented sales and rentals 71. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B, Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: I. Uses and structures that are accessory and incidental to the permitted principal uses, 2, Cocktail lounges (Group 5813), only in conjunction with eating places (restricted to inside of building number 3). 3. Car Wash (single bay, drive-through, allowed in Area I only) - Group 7542 4. Caretaker's residence, subject to LDC Section 5,03,05, 5, Outdoor Seating (no amplified music or sound shall be permitted) 6. Sidewalk sales, subject to LDC Section 4.02.12. September 9. 2010 Page 3 of9 BCCZ EXHIBIT B CORKSCREW COMMERCIAL CENTER CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the Corkscrew Commercial Center CPUD, Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the Site Development Plan (SDP) or Subdivision plat. TABLE I Development Standards for Commercial District Principal Structures Accessory Structures Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Minimum Setbacks - External From External Rights-of-way 25 feet SPS From Western and Northern Boundary 25 feet SPS Minimum Setbacks - Internal Internal Drives/ROW I 0 feet 10 feet Preserve 25 feet 10 feet Minimum Separation of Structures 10 feet or y, sum of building 10 feet heights, whichever is greater Maximum Building Height Maximum Zoned Height I story, not to exceed 25 feet I story, not to exceed 25 feet Maximum Actual Height I story, not to exceed 30 feet I story, not to exceed 30 feet Minimum Floor Area 1,000 square feet · N/A Maximum Gross Leasable Area 60,000 square feet N/A · Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of9 BCCZ ...~. "...ItI. 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J'" ~" ~ ~ z ::: .;; ~ Gf2.jD EXHIBIT D CORKSCREW COMMERCIAL CENTER CPUD LEGAL DESCRIPTION The subject property is 8.0 +/- acres, is located in Section 27, Township 47 South, Range 27 East, and is more fully described as follows: THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT-OF-WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA. September 9. 2010 Page 6 01'9 BCCZ EXHIBIT E CORKSCREW COMMERCIAL CENTER CPUD DEVIA nONS 1. Deviation #1 seeks relief from LDC Section 5.05.08 C.9, Architectural Design Standards, which requires all sides of a non-residential building within a PUD to be treated as primary facades, to allow the west side of Building I and the north side of Building 2 to be treated as non-primary facades. 2, Deviation #2 seeks relief from LDC Subsection 5.03,02 H.l.c, Fences and Walls, which requires an eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four (4)-foot high hedge planted three (3) feet on center in lieu of the wall. 3. Deviation #3 seeks relief from LDC Subsection 5,05,05 D,I, Automobile Service Stations, which requires a minimum 25 foot wide landscape buffer to allow for a minimum 15-toot wide Type D landscape buffer. September 9, 2010 Page 7 of9 BCCZ EXHIBIT F CORKSCREW COMMERCIAL CENTER CPUD DEVELOPER COMMITMENTS 1. Regulations for development of the Corkscrew Commercial Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections ofthe LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate, Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply, 2. The Corkscrew Commercial Center CPUD shall be developed using a common architectural theme throughout the project. All buildings will be designed to reflect a rural or rustic character. 3, The Corkscrew Commercial Center CPUD shall be designed and developed to minimize unnecessary outdoor lighting, Due to the rural character of the surrounding area, all light fixtures will be shielded to direct illumination only onto the subject property and will use the minimum brightness necessary. The developer shall follow International Dark Associations (IDA) "Simple Guidelines for Outdoor Lighting Regulations" and shall specify "Fixture Seal of Approval" (FSA) lighting by the IDA. 4. Because ambient noise levels are typically lower in rural areas than in urban areas, the developer shall minimize intrusive noise by prohibiting outdoor amplified sound excluding intercom systems utilized for communication with service attendant. 5. Only one, single-bay car wash facility may be permitted within the PUD, and shall only be permitted in Area I identified on the conceptual master plan, The car wash facility must be designed, built and operated utilizing a recycled water system in order to minimize water and wastewater demand for the facility. 6. Owner shall reserve a thirty (30) foot wide strip along the entire Immokalee Road property frontage and shall convey to the County a storm water easement prior to receipt of its first certificate of occupancy. As compensation for the thirty (30) foot wide storm water casement, Collier County shall grant to the Developer transportation impact fee credits equal to the fair market value of the stormwater easement on the date of it's conveyance. The amount of the transportation impact fee credits shall be based upon an appraisal done by the County which appraisal shall be completed within 90 days of the approval of the PUD, If the owner disagrees with the County's appraisal or the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the average of the two appraisals, If the County fails to timely complete its appraisal, the owner may obtain its own September 9, 20 I 0 Page 8 of9 Beel appraisal and the amount of the transportation impact fee credits shall be the amount in the developer's appraisal. The owner shall also be permitted to utilize the stofmwater easement for storm water management and open space, Collier County shall incorporate the stormwater management into the roadway design for Immokalee Road. 7, No outdoor dining or activities shall be permitted after 10:00 p.m" except that fueling operations can occur beyond 1 0:00 p,m. 8, A six (6) feet high wall shall be constructed within the project's western PUD landscape buffer, and shall extend from Platt Road, north approximately five hundred (525:1:) feet, which shall be at least 20 feet beyond the northern edge of the parking area, as shown on the PUD master plan. Landscaping shall be provided on the exterior of the wall in accordance with the requirements of the LDC, 9. Any tenant space located within Building #3 and occupied by a restaurant use shall be required to utilize construction methods incorporating noise attenuation techniques such as additional insulation materials on walls and ceilings, Windows and doors must remain closed except when patrons are entering or exiting the premises. September 9. 20 I 0 Page 9 of 9 HeeZ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-40 Which was adopted by the Board of County Commissioners on the 26th day of October, 2010, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of October, 2010. DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~,.. '''''''::>1 ;",'. .' ,.., ~ ", " ,:' ,',':1',/1:..... "- Polaski,""",,' Clerl<_ Teresa Deputy It\.t